Court summons and subsequent bailiff letter whilst abroad

[queenofstate]

Hello CAG posters,

 

Any advice on my current predicament would be MUCH appreciated:

 

Last July I was caught on the TFL network for using a friend's Freedom Pass. I provided my parents' address (genuine, and it was checked via a phone call to Inland Revenue). I admitted that I was trying to save money and when asked why I did this, I replied that I would be leaving the country to volunteer abroad for a year and needed to save some money.

 

My parents received a bailiff letter last week to collect a sum of over 800 pounds. I imagine this is because I received a court summons and did not attend the hearing. However, I left the country mid-August last year (I have evidence to prove this: contract with NGO; entry stamp at airport).

 

I am due to return to the UK in a couple of months but am really worried about:

 

a) getting arrested at the airport

b) having to pay the new sum of over 800 pounds

 

What are my options and how I can limit these hefty costs? Please, I know I have been very stupid in this regard, but don't need any more guilt trips. I have registered on this forum for professional advice and would be very grateful for any such posts.

 

Many thanks

[Old-CodJA]

The first thing I have to ask is, if your parents received a Bailiff's letter last week and you are still abroad, that suggests that the letter will have been addressed to you, they have opened it and have communicated the content to you, thus indicating that they have had communication with you whilst you were abroad.

 

That being the case, if you make a Statutory Declaration to the Court that you did not know about any prosecution in an attempt to get the matter re-started, the question that is next likely to be asked will be why did you not get advice of the other letters and Summons by the same process, because they would have been served on the same address?

 

You will need to go to your local Court and make a Statutory Declaration on oath that you did not know about the prosecution if you want to get this re-started. If successful the Court will set aside the conviction and fine. Until and unless you do that, the Court order stands and is enforceable.

 

The Statutory Declaration resets the clock to the point at which TfL issued the original Summons and the company will be notified by the Court office and will have the opportunity to begin the prosecution again if they wish to do so.

[queenofstate]

Thank you so much for your very helpful response.

 

I forgot to add that the bailiff letter was delivered by hand and open. Nobody was present at home and so it was found on its own through the letterbox.

 

When I say "I imagine" it's due to a court summons arriving in my absence, it is because I have some unread mail at my parents' from the last six months. The mail was not forwarded to me abroad as I have been in a remote area in a developing country and have moved to three addresses in four months whilst abroad. However, I managed to talk with my family on Skype this week and was shown the unopened letters in my name. Most look like bank statements but one is a thick envelope which could well be the summons. Should I ask them to open it? Does it make any difference if it is opened and checked with my authorisation at this point (bearing in mind it would be still be very late in the day)?

 

I still do not know for sure about the prosecution but, based on the original incident at the station, and now the bailiff letter, and the fact that I have not been involved in any other case since last July as I have been abroad, I think it is a fairly reasonable assumption to make. However, only the open bailiff letter has brought this to my attention as of last week.

 

I hope this clarifies the original points and that you will be able to advise me further.

 

Many thanks

[Old-CodJA]

The envelope has more evidential value if it remains unopened.

 

In practice, because Bailiffs are involved it is almost certain that you are talking about an historical prosecution, the only realistic options now open to you are:

 

1. Visit your local Magistrates Court and make a Statutory Declaration on Oath that you did not know anything about the prosecution, which once confirmed by the Court, will set the matter back to the beginning of the prosecution as previously described.

 

2. Apply to the Crown Court for leave to appeal the conviction (or appeal sentence, or both.)

 

3. Pay the penalty imposed by the Court, including any enforcement charges incurred for late payment.

 

If you do not pursue one of these options the Court orders still stand and you remain liable.